Toni's brothel has gone to the High Court at Hamilton in an attempt to quash a controversial city council bylaw which outlaws paid sex in the suburbs.
The action caught Hamilton City Council by surprise because staff had been negotiating with Toni's and had given the company two extensions to
the deadline to move premises.
The council agreed to hold off any prosecutions under the bylaw until the case comes before the court next year, which means Toni's can continue to operate from its suburban Marama St premises.
Environmental services general manager Graeme Fleming said the council intended to defend the action.
Under the Prostitution Reform Act 2003, which legalised prostitution, councils have the power to decide where brothels are located.
As a result of the bylaw, which took effect from October last year, Hamilton sex workers have been banned from operating from home. Two existing brothels in residential areas have been given 12 months to move out.
Brothels and private sex workers have been restricted to non-residential areas and cannot operate within 100m of schools, marae, childcare centres and churches.
Toni's action is similar to that taken by Christchurch sex-industry kingpin Terry Brown, who this year won a landmark High Court ruling which struck out that city's prostitution bylaw. The Christchurch council has appealed against the decision.
Toni's could not be contacted for comment yesterday.
- NZPA
